How to Get Divorced After Decades of Marriage

Your marriage has lasted for decades.

But now it seems that it’s going to end in divorce.

You are not alone.

Divorces after many years of marriage are typically known as gray divorces. The spouses involved are usually over the age of 50.

People often think their marriages will last forever. Sadly, this is not always true.

There are many reasons people get divorced after a long marriage. Today, divorce is more acceptable than it once was. People are also living longer. They are thinking about the next 30 years, even at age 60.

Children have also usually left the home at this point. This means couples naturally focus more on each other. That does not always go well. Historically, couples also got married for different reasons. An out of wedlock pregnancy was a common reason. Marriages that do not have a loving foundation are always on shaky ground.

Gray divorces are becoming more common. And they involve unique legal issues.

old divorcing couple in Charelston

Legal Issues in Gray Divorces

Gray divorces involve very complex issues. These matters are not always part of divorces involving younger couples.

You have many questions as an older person considering divorce. One of these is how divorce can impact your ability to retire. If a retirement account is not in your name, this is of particular concern. Fortunately, you are likely entitled to at least a portion of it. Any funds accumulated after the wedding are considered marital property. That means you are entitled to a share of it. Whether you can retire will depend on how much you receive.

Alimony is another issue that may allow you to retire. South Carolina recognizes many different types of alimony. One of these is permanent periodic alimony. It is usually only awarded in divorces that involve a long marriage. If you are getting a gray divorce, you may be entitled to it. Alimony is meant to allow you to maintain your marital lifestyle. You may receive it if your spouse was the higher earner. Alimony, combined with retirement savings, may make it feasible for you to retire.

Sometimes, one or both spouses may have to reenter the workforce. Combined pensions and retirement savings will now be separate. When they are not enough to support a person, working may be necessary. This is particularly true when someone is aged 50 or younger. Reentering the workforce is not necessarily a bad thing. It can provide distraction and support that is often helpful after divorce. Still, it is something both spouses should be aware of.

Regardless, couples should work with a family lawyer familiar with their unique situation.

Getting Divorced after 50? Call Our Family Lawyers in South Carolina Today

Our South Carolina family lawyers can help with your gray divorce. At The Peck Law Firm, our attorneys know the issues these cases present. We also know how to address them so you obtain a fair settlement. Call us today or contact us online to schedule a consultation.

Recommendations For Additional Reading

How To Financially Survive Your Divorce

How Your Charleston Divorce Can Affect Your Social Security Benefits

How Is Property Divided in a Charleston Divorce?

Who Gets The Money When a Marital Asset Increases In Value?